Man arrested on sex charges

Editor's note: This story contains graphic content.

A Tucumcari man stands accused of having sexual contact with a 15-year-old boy earlier this summer after exchanging flirtatious texts with him.

Daniel Ray Gallegos, aka Daniel Romero, 26, was arrested on a warrant Dec. 6 for fourth-degree criminal sexual penetration with a child 13 to 16 years old, a fourth-degree felony that can lead up to 18 months in prison and a $5,000 fine.

Tucumcari Magistrate Judge Timothy O’Quinn found probable cause for the charge. Gallegos was booked into the Quay County Detention Center on Dec. 9 on what initially was a no-bond hold.

According to online court documents, O’Quinn set release conditions Dec. 10 for Gallegos that included a $25,000 unsecured appearance bond.

Gallegos must not consume alcohol or illegal drugs, submit to drug testing, not possess firearms, not leave the state without notification, stay away from Tucumcari High School and not have contact with the victim or anyone else who might testify in the case.

O’Quinn set a status hearing on the case for Jan. 8. Roger Bargas of Tucumcari is listed as Gallegos’ attorney, according to online court records. Bargas was out of town Monday and couldn’t be immediately reached for comment.

According to an affidavit filed by Tucumcari police detective Reyes Gonzales:

• Gonzales received a cybertip via Facebook from the National Center for Missing and Exploited Children that stated Gallegos and a 15-year-old boy appeared to have discussed meeting to engage in sexual activity between June 17 and July 8 and that the boy give Gallegos his address.

• Gallegos sent texts to the boy, knowing he was underage, that asked whether he had sex, masturbated or watched pornography, according to texts Gonzales obtained. The boy eventually gave his grandmother’s address and talked about meeting.

• Gonzales contacted the boy and his mother and asked him what had happened between him and Gallegos. He admitted Gallegos messaged him on Facebook and “became aggressive toward him,” but he initially denied anything happened between them, according to the affidavit.

• When Gonzales confronted the boy with the Facebook messages, the boy looked surprised. He eventually said Gallegos forced him into giving oral sex June 17 by jerking him over to his side of the vehicle after they went cruising in the countryside. The boy said he asked Gallegos to stop the act.

• Gonzales next interviewed Gallegos at the police station. Gallegos said he didn’t know the boy was underage, and he said the boy said he was 18 several times. When read some of the Facebook messages, Gallegos said he recognized them and acknowledged he received oral sex from the victim in his car. Gallegos told the officer he found out about the boy’s true age a few days later.

Gonzales stated in his affidavit he believed Gallegos knew the boy was 15 when he participated in oral sex with him.